1Title

2Commencement

(1)This Act, except sections 54 and 55, comes into force on the first day of the third month after the month in which the Act receives the Royal assent.

(2)Sections 54 and 55 come into force on a date appointed by the Governor-General by Order in Council.

(3)A date may be appointed pursuant to subsection (2) only if the Governor-General is satisfied, at the time of the making of the Order, that the Crown has not received a notice from the trustee under clause 6.6 of the deed of settlement specifying that the trustee no longer wishes to purchase the Narrow Neck property.

(a)the issuing of protocols to the trustee of the Ngāti Whātua Ōrākei Trust by the Minister of Conservation, the Minister of Energy and Resources, and the Minister for Arts, Culture and Heritage; and

(b)a statutory acknowledgement by the Crown of the statement made by Ngāti Whātua Ōrākei of their cultural, spiritual, historical, and traditional associations with certain land (the statutory area, as defined in section 28(2)); and

(c)the vesting of the Pourewa Creek site in the trustee of the Ngāti Whātua Ōrākei Trust; and

(d)the assignment of an official geographic name to Pourewa Creek.

(4)Part 3 provides for commercial redress and authorises the Crown to transfer commercial properties to give effect to the deed of settlement, including the Narrow Neck property.

(5)Part 4 relates to the Ōrākei Block (as described in Schedule 3). Parliament has previously partly addressed Ngāti Whātua Ōrākei grievances in relation to this block through the enactment of the Orakei Block (Vesting and Use) Act 1978 and the Orakei Act 1991. Those Acts—

(a)provided for the recognition of rights secured to Ngāti Whātua Ōrākei in relation to the Ōrākei Block by the Treaty of Waitangi; and

(b)gave effect to parts of an agreement reached between the Crown and Ngāti Whātua Ōrākei to implement, with modifications, certain of the recommendations made by the Waitangi Tribunal in November 1987 in the Report of the Waitangi Tribunal on the Orakei Claim (Wai 9); and

(c)established the Ngati Whatua of Orakei Maori Trust Board and continued it under the name of the Ngati Whatua o Orakei Maori Trust Board (the Board); and

(d)provided for the revesting of further portions of the Ōrākei Block in the Board, and for the extension of the Board's functions and powers; and

(e)provided for the setting aside of certain other land as reserves, and their administration jointly by the Auckland City Council and the Board; and

(f)protected land vested in the Board by imposing certain restrictions on the disposal of the land; and

(g)granted exemptions to the Board in relation to the payment of rates, reserves contributions, land tax, and other charges.

(6)Part 4 builds on the settlements reached in those earlier Acts by carrying over those matters of continuing relevance (either with or without amendment) and specifying the powers to be exercised and the functions to be performed by Ngāti Whātua Ōrākei in relation to the Ōrākei Block.

(7)Part 5 provides for transitional provisions, consequential amendments, and other similar matters, including the dissolution of certain Ngāti Whātua Ōrākei governance entities, the transfer of their assets and liabilities to the trustee of the Ngāti Whātua Ōrākei Trust, and the repeal of the Orakei Act 1991.

Acknowledgements

(10)The Crown acknowledges that Ngāti Whātua Ōrākei endeavoured to establish a relationship with the Crown from 1840 and sought to strengthen this relationship, in part, by transferring lands for settlement purposes. These lands have contributed to the development of New Zealand and Auckland in particular. The Crown also acknowledges that Ngāti Whātua sought to strengthen the relationship by expressing loyalty to the Crown.

(11)The Crown acknowledges that the benefits and protection that Ngāti Whātua Ōrākei expected to flow from its relationship with the Crown were not always realised.

(12)The Crown acknowledges that a large amount of Ngāti Whātua Ōrākei land was alienated from 1840 by way of Crown purchase and pre-emption waiver transactions, including the acquisition of “surplus lands” by the Crown. The Crown’s failure to protect lands and provide adequate endowments for the future use or benefit of Ngāti Whātua Ōrākei was a breach of the Treaty of Waitangi and its principles.

(13)The Crown acknowledges that land alienation has diminished the ability of Ngāti Whātua Ōrākei to exercise mana whenua.

(14)The Crown acknowledges that certain regulations to protect Māori interests in the pre-emption waiver period were not applied correctly by the Crown.

(15)The Crown acknowledges that inadequate protections were applied to pā and urupā in the pre-emption waiver period, including Maungakiekie, a site of historical and spiritual significance to Ngāti Whātua Ōrākei, and that this failure of active protection was a breach of the Treaty of Waitangi and its principles.

(16)The Crown acknowledges that its failure to set aside (entrusted to a board or committee) one-tenth of the lands transferred during the pre-emption waiver period for the future use or special benefit of the original owners of that land and their descendants (including Ngāti Whātua Ōrākei) was a breach of the Treaty of Waitangi and its principles.

(17)The Crown acknowledges that its policy of taking “surplus lands” from disallowed pre-emption waiver purchases breached the Treaty of Waitangi and its principles when it failed to ensure any assessment of whether Ngāti Whātua Ōrākei retained adequate lands for their needs. The Crown also acknowledges that this failure was compounded by flaws in the way the Crown implemented the policy in further breach of the Treaty of Waitangi and its principles.

(18)The Crown acknowledges that reclamations and other forms of development of the Waitematā and Manukau Harbours, which had a damaging effect upon fisheries and other harbour resources, caused a sense of grievance for Ngāti Whātua Ōrākei that is still held today.

7Text of apology

The text of the Crown's apology set out in the deed of settlement is set out in the following subsections:

Apology

(5)The Crown makes this apology to Ngāti Whātua Ōrākei and to their ancestors and descendants.

(6)The Crown recognises that from 1840, Ngāti Whātua Ōrākei sought a close and positive relationship with the Crown and, through land transactions and other means, provided lands for European settlement.

(7)The Crown profoundly regrets and is deeply sorry for its actions which left Ngāti Whātua Ōrākei virtually landless by 1855. This state of landlessness has had devastating consequences for the social, economic and spiritual well-being of Ngāti Whātua Ōrākei that continue to be felt today.

(8)The Crown unreservedly apologises for not having honoured its obligations to Ngāti Whātua Ōrākei under the Treaty of Waitangi. By this settlement the Crown seeks to atone for its wrongs, so far as that is now possible, and begin the process of healing. The Crown looks forward to repairing its relationship with Ngāti Whātua Ōrākei based on mutual trust, co-operation and respect for the Treaty of Waitangi and its principles.

8Timing of actions or matters

(1)Actions or matters occurring or taking effect under this Act occur or take effect on the settlement date.

(2)However, if a provision of this Act requires an action or matter to occur or take effect on a date other than the settlement date, the action or matter occurs or takes effect on and from that other date.

Interpretation

9Interpretation of Act generally

It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.

10Interpretation

In this Act, unless the context requires another meaning,—

affected person has the meaning given by section 2AA(2) of the Resource Management Act 1991

Auckland Council means the local authority established by section 6(1) of the Local Government (Auckland Council) Act 2009

11Meaning of Ngāti Whātua Ōrākei

(1)In this Act, Ngāti Whātua Ōrākei—

(a)means the collective group composed of individuals—

(i)who are descended from the ancestor Tuperiri; and

(ii)who are members of 1 or more hapū of Ngā Oho, Te Uringutu, and Te Tāōū that exercised customary rights predominantly in relation to the primary area of interest of Ngāti Whātua Ōrākei at any time after 6 February 1840; and

(b)includes those individuals; and

(c)includes every whānau, hapū, or group to the extent that it is composed of those individuals.

(b)arises from, or relates to, acts or omissions before 21 September 1992—

(i)by, or on behalf of, the Crown; or

(ii)by or under legislation.

(3)The historical claims include—

(a)every claim to the Waitangi Tribunal that relates exclusively to Ngāti Whātua Ōrākei or a representative entity, including each of the following claims, to the extent that subsection (2) applies to the claim:

(i)Wai 186—Hurstmere Road, Takapuna claim:

(ii)Wai 253—Pukapuka claim:

(iii)Wai 261—4 Domett Avenue claim:

(iv)Wai 276—Sylvia Park claim:

(v)Wai 388—Tāmaki Makaurau claim:

(vi)Wai 1063—Uruamo Orakei Block Alienation claim:

(vii)Wai 1128—Te Tāōū Alienation claim; and

(b)every other claim to the Waitangi Tribunal, including each of the following claims, to the extent that the claim relates to Ngāti Whātua Ōrākei or a representative entity and subsection (2) applies to the claim:

(i)Wai 187—Awataha claim:

(ii)Wai 279—Te Tāōū Reweti Charitable Trust claim:

(iii)Wai 756—Southern Kaipara Lands and Resources claim:

(iv)Wai 887—Ngawaka Tautari Lands (Auckland/Kaipara) claim:

(v)Wai 1045—Ngati Mauri Land and Resources claim:

(vi)Wai 1114—Te Runanga o Te Tāōū Lands and Resources claim; and

(c)every claim, to the extent that the claim relates to Ngāti Whātua Ōrākei or a representative entity and subsection (2) applies to the claim, that—

(i)relates to the Ōrākei Block; and

(ii)arises from, or relates to, acts or omissions by, or on behalf of, the Crown on or after 9 December 1991 and before 21 September 1992; and

(d)every claim to the following, to the extent that the claim relates to Ngāti Whātua Ōrākei or a representative entity and subsection (2) applies to the claim:

(v)the Maungakiekie / One Tree Hill northern land as defined in section 8(1) of that Act.

(4)However, the historical claims do not include—

(a)a claim that a member of Ngāti Whātua Ōrākei, or a whānau, hapū, or group referred to in section 11(1)(c), had or may have that is founded on—

(i)being descended from an ancestor other than Tuperiri; or

(ii)a customary right exercised by members of 1 or more hapū of Ngā Oho, Te Uringutu, and Te Tāōū predominantly outside the primary area of interest of Ngāti Whātua Ōrākei at any time after 6 February 1840; or

(b)a claim in relation to the Ōrākei Block to the extent that the claim relates to Ngāti Whātua Ōrākei or a representative entity and was settled by section 19(2) of the Orakei Act 1991; or

(c)a claim that a representative entity had or may have that is, or is founded on, a claim described in paragraph (a).

(5)A claim may be a historical claim whether or not the claim has arisen or been considered, researched, registered, notified, or made on or before the settlement date.

13Settlement of section 12(2) and (3)(a) to (c) historical claims final

(2)The settlement of the historical claims is final and, on and from the settlement date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.

(3)Subsections (1) and (2) do not limit the acknowledgements expressed in, or the provisions of, the deed of settlement.

(4)Despite any other enactment or rule of law, on and from the settlement date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire or to make a finding or recommendation) in respect of—

(a)the historical claims; or

(b)the deed of settlement; or

(c)this Act; or

(d)the redress provided under the deed of settlement or this Act.

(5)Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the deed of settlement or this Act.

(3)The settlement of the historical claims is final and, on and from the effective date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.

(4)Subsections (1) and (2) do not limit the acknowledgements expressed in, or the provisions of, the collective deed.

(5)Despite any other enactment or rule of law, on and from the effective date, no court, tribunal, or other judicial body has jurisdiction (including the jurisdiction to inquire or further inquire or to make a finding or recommendation) in respect of—

16Removal of memorials

(1)The chief executive of LINZ must issue to the Registrar-General 1 or more certificates that specify the legal description of, and identify the computer register that contains, each allotment—

(a)that is all or part of the Pourewa Creek site or all or part of a commercial property; and

(b)that is contained in a computer register that has a memorial recorded under any enactment listed in section 15(2).

(2)The chief executive of LINZ must issue a certificate under subsection (1)—

(a)for the Pourewa Creek site as soon as is reasonably practicable after the settlement date; and

(b)for a commercial property as soon as is reasonably practicable after the date on which the property is transferred in accordance with the deed of settlement.

(3)A certificate must state that it is issued under this section.

(4)The Registrar-General must, as soon as is reasonably practicable after receiving a certificate,—

(a)register the certificate against each computer register identified in the certificate; and

(b)remove each memorial recorded under an enactment listed in section 15(2) from each computer register identified in the certificate, but only in respect of each allotment described in the certificate.

Other matters

17Trustee to negotiate outstanding claims of Ngāti Whātua Ōrākei

(1)The trustee may negotiate with the Crown, or any other body or authority concerned, for the settlement of any outstanding claims relating to the customary rights and usages of Ngāti Whātua Ōrākei, including those matters that derive from the mana whenua of Ngāti Whātua Ōrākei in the Tāmaki isthmus.

(2)The trustee has the sole authority to conduct negotiations on any claim referred to in subsection (1) in respect of Ngāti Whātua Ōrākei, or of any particular whānau, hapū, or group within Ngāti Whātua Ōrākei.

18Participation in certain Waitangi Tribunal matters unaffected

(1)Nothing in this Act limits or affects the rights of Ngāti Whātua Ōrākei to participate in any proceedings before the Waitangi Tribunal in order to—

(a)inform the Tribunal of the Ngāti Whātua Ōrākei position in respect of matters before the Tribunal; or

(b)protect the rights and interests of Ngāti Whātua Ōrākei against other parties before the Tribunal.

(2)This section is for the avoidance of doubt.

19The Crown not prevented from providing other similar redress

(1)The provision of the specified cultural redress does not prevent the Crown from doing anything that is consistent with that cultural redress, including—

(a)providing, or agreeing to introduce legislation providing or enabling, the same or similar redress to any person other than Ngāti Whātua Ōrākei or the trustee; or

(b)disposing of land.

(2)However, subsection (1) is not an acknowledgement by the Crown or Ngāti Whātua Ōrākei that any other iwi or group has interests in relation to land or an area to which any of the specified cultural redress relates.

(3)In this section, specified cultural redress means both of the following:

20Rule against perpetuities does not apply

(ii)the trustee may hold or deal with property (including income derived from property); or

(b)apply to a document entered into to give effect to the deed of settlement if the application of that rule or the provisions of that Act would otherwise make the document, or a right conferred by the document, invalid or ineffective.

(2)However, if the Ngāti Whātua Ōrākei Trust is, or becomes, a charitable trust, the application (if any) of the rule against perpetuities or any provision of the Perpetuities Act 1964 to that trust must be determined under the general law.

21Access to deed of settlement

The chief executive of the Ministry of Justice must make copies of the deed of settlement available—

(a)for inspection free of charge, and for purchase at a reasonable price, at the head office of the Ministry of Justice in Wellington during working hours on any business day; and

(b)free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.

Part 2Cultural redress

Subpart 1—Protocols

22Authority to issue, amend, or cancel protocols

(1)Each responsible Minister may—

(a)issue a protocol to the trustee in the form set out in part 2 of the documents schedule of the deed of settlement at the settlement date; and

(b)amend or cancel that protocol.

(2)A protocol may be amended or cancelled under subsection (1) at the initiative of either—

(a)the trustee; or

(b)the responsible Minister.

(3)The responsible Minister may amend or cancel a protocol only after consulting, and having particular regard to the views of, the trustee.

23Protocols subject to rights, functions, and obligations

Protocols do not restrict—

(a)the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, which includes the ability to—

(i)introduce legislation and change Government policy; and

(ii)interact with or consult a person the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or

(b)the responsibilities of a responsible Minister or a department of State; or

Crown minerals protocol area means the area shown on the map attached to the Crown minerals protocol, together with the adjacent waters

minerals programme has the meaning given by section 2(1) of the Crown Minerals Act 1991.

Subpart 2—Statutory acknowledgement

28Interpretation

(1)In this Act, statutory acknowledgement means the acknowledgement made by the Crown in section 29 in respect of the statutory area, on the terms set out in this subpart.

(2)In this subpart,—

statement of association means the statement—

(a)made by Ngāti Whātua Ōrākei of their particular cultural, spiritual, historical, and traditional association with the statutory area; and

(b)that is in the form set out in part 1 of the documents schedule of the deed of settlement at the settlement date

statutory area means—

(a)the land owned by the Crown, and vested for control and management in the Auckland Council, at Kauri Point (as shown marked “A” on deed of settlement plan OTS–121–02); and

(b)the land owned by the Crown and held for defence purposes at Kauri Point (as shown marked “B” on deed of settlement plan OTS–121–02).

29Statutory acknowledgement by the Crown

The Crown acknowledges the statement of association.

30Purposes of statutory acknowledgement

(1)The only purposes of the statutory acknowledgement are—

(a)to require the Auckland Council, the Environment Court, and Heritage New Zealand Pouhere Taonga to have regard to the statutory acknowledgement, as provided for in sections 31 to 33; and

(b)to require the Auckland Council to provide summaries of resource consent applications, or copies of notices of resource consent applications, to the trustee, as provided for in section 35; and

(c)to enable the trustee and members of Ngāti Whātua Ōrākei to cite the statutory acknowledgement as evidence of the association of Ngāti Whātua Ōrākei with the statutory area, as provided for in section 36.

Section 30(1)(a): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

31Auckland Council to have regard to statutory acknowledgement

(1)On and from the effective date, the Auckland Council must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 95E of the Resource Management Act 1991, whether the trustee is an affected person in relation to an activity within, adjacent to, or directly affecting the statutory area and for which an application for a resource consent has been made.

32Environment Court to have regard to statutory acknowledgement

(1)On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area in deciding, under section 274 of the Resource Management Act 1991, whether the trustee is a person who has an interest in proceedings that is greater than the interest that the general public has in respect of an application for a resource consent for activities within, adjacent to, or directly affecting the statutory area.

33Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement

(1)If, on or after the effective date, an application is made under section 44, 56, or 61 of the Heritage New Zealand Pouhere Taonga Act 2014 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area,—

(a)Heritage New Zealand Pouhere Taonga, in exercising its powers under section 48, 56, or 62 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

(b)the Environment Court, in determining under section 59(1) or 64(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision.

(2)In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014.

Section 33: replaced, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

34Recording statutory acknowledgement on statutory plans

(1)On and from the effective date, the Auckland Council must attach information recording the statutory acknowledgement to all statutory plans that wholly or partly cover the statutory area.

(3)The attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the Auckland Council as part of the statutory plan, the information is not—

(a)part of the statutory plan; or

(b)subject to the provisions of Schedule 1 of the Resource Management Act 1991.

(b)includes a proposed plan (as defined by section 43AAC of that Act).

35Provision of resource consent applications to trustee

(1)The Auckland Council must, for a period of 20 years starting on the effective date, provide the following to the trustee for each resource consent application for an activity within, adjacent to, or directly affecting the statutory area:

(a)if the application is received by the Auckland Council, a summary of the application; or

(b)if notice of the application is served on the Auckland Council under section 145(10) of the Resource Management Act 1991, a copy of the notice.

(2)The information provided in a summary of an application must be the same as would be given to an affected person by limited notification under section 95B of the Resource Management Act 1991, or as may be agreed between the trustee and the Auckland Council.

(3)A summary of an application must be provided under subsection (1)(a)—

(a)as soon as is reasonably practicable after the Auckland Council receives the application; and

(b)before the Auckland Council decides under section 95 of the Resource Management Act 1991 whether to notify the application.

(4)A copy of a notice of an application must be provided under subsection (1)(b) no later than 10 business days after the day on which the Auckland Council receives the notice.

(5)This section does not affect the Auckland Council's obligation,—

(a)under section 95 of the Resource Management Act 1991, to decide whether to notify an application, and to notify the application if it decides to do so; or

(b)under section 95E of that Act, to decide whether the trustee is an affected person in relation to an activity.

36Use of statutory acknowledgement

(1)The trustee and any member of Ngāti Whātua Ōrākei may, as evidence of the association of Ngāti Whātua Ōrākei with the statutory area, cite the statutory acknowledgement that relates to the area in submissions to, and in proceedings before, the Auckland Council, the Environmental Protection Authority (EPA) or a board of inquiry under Part 6AA of the Resource Management Act 1991, the Environment Court, or Heritage New Zealand Pouhere Taonga concerning activities within, adjacent to, or directly affecting the area.

(2)The content of the statement of association is not, by virtue of the statutory acknowledgement, binding as fact on—

(a)the Auckland Council:

(b)the EPA or a board of inquiry under Part 6AA of the Resource Management Act 1991:

(c)the Environment Court:

(d)Heritage New Zealand Pouhere Taonga:

(e)parties to proceedings before the bodies specified in paragraphs (a) to (d):

(f)any other person who is entitled to participate in the proceedings specified in paragraph (e).

(3)However, the bodies and persons specified in subsection (2) may take the statutory acknowledgement into account.

(4)To avoid doubt,—

(a)neither the trustee nor members of Ngāti Whātua Ōrākei are precluded from stating that Ngāti Whātua Ōrākei has an association with the statutory area that is not described in the statutory acknowledgement; and

(b)the content and existence of the statutory acknowledgement do not limit any statement made.

Section 36(1): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 36(2)(d): replaced, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

37Trustee may waive rights

(1)The trustee may waive the right to be provided with summaries, and copies of notices, of resource consent applications under section 35 in relation to the statutory area.

(2)Rights must be waived by written notice to the Auckland Council stating—

(a)the scope of the waiver; and

(b)the period for which it applies.

(3)An obligation under this subpart does not apply to the extent that the corresponding right has been waived under this section.

38Exercise of powers and performance of duties and functions

(1)The statutory acknowledgement does not affect, and may not be taken into account by, a person exercising a power or performing a function or duty under legislation or a bylaw.

(2)No person, in considering a matter or making a decision or recommendation under legislation or a bylaw, may give greater or lesser weight to the association of Ngāti Whātua Ōrākei with the statutory area than that person would give if there were no statutory acknowledgement for the area.

(3)Subsection (2) does not limit subsection (1).

(4)This section is subject to the other provisions of this subpart.

39Rights not affected

(1)The statutory acknowledgement does not affect the lawful rights or interests of a person who is not a party to the deed of settlement.

(2)This section is subject to the other provisions of this subpart.

40Limitation of rights

(1)The statutory acknowledgement does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, the statutory area.

(3)To avoid doubt, subsection (2) applies even if the reservation under section 42(3) is revoked in relation to all or part of the site.

(4)Despite subsection (2), the trustee may transfer the fee simple estate in the site if—

(a)the transferor of the site is or was the trustee; and

(b)the transferee is the trustee of the same trust, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust; and

(c)the transfer instrument is accompanied by a certificate given by the transferee, or the transferee's solicitor, verifying that paragraphs (a) and (b) apply.

44Pourewa Creek site vests subject to or together with encumbrances

(1)The Pourewa Creek site vests in the trustee under section 42(2) subject to, or together with, the encumbrances listed in Schedule 1 (whether as an existing encumbrance that continues to affect the property after the vesting or as a new encumbrance that first affects the property immediately after the vesting).

(2)For the purposes of subsection (1), the concessions apply—

(a)as if the trustee were the grantor of the concession; and

(b)with any other necessary modifications; and

(c)despite the change in status of the land in the site on the settlement date.

45Application of certain enactments to vesting

(1)The vesting of the Pourewa Creek site in the trustee under section 42(2) (the vesting) is a disposition for the purposes of Part 4A of the Conservation Act 1987, but sections 24, 24A, and 24AA of that Act do not apply to the disposition.

(2)If the reservation under section 42(3) of the Pourewa Creek site is revoked in relation to all or part of the site,—

(a)then the vesting is no longer exempt from section 24 of the Conservation Act 1987 (other than subsection (2A)) in relation to all or that part of the site (as the case may be); and

(b)section 25 of the Reserves Act 1977 (except subsection (2)) does not apply to the revocation.

(6)The Minister must not change the name of the reserve under section 16(10) of the Reserves Act 1977 without the written consent of the Reserves Board, and section 16(10A) of that Act does not apply to any proposed change.

(7)All costs and expenses incurred in and incidental to the administration of the reserve must be paid by the Auckland Council to the extent that any income arising from the reserve is insufficient to defray those costs and expenses.

(b)part of the site, then the Registrar-General must ensure that the notifications referred to in paragraph (a) remain only on any computer freehold register for the part of the site that remains a reserve.

(6)The Registrar-General must comply with an application received in accordance with subsection (5)(a).

Subpart 4—Assignment of official geographic name to Pourewa Creek

49Interpretation

In this subpart,—

New Zealand Geographic Board means the board continued by section 7 of the NZGB Act

official geographic name has the meaning given by section 4 of the NZGB Act.

50Official geographic name assigned to Pourewa Creek

(1)The name specified in the first column of the table in clause 5.11 of the deed of settlement is assigned to the feature described in the other columns of that table.

(2)The assignment is to be treated as if it were the assignment of an official geographic name by a determination of the New Zealand Geographic Board under section 19 of the NZGB Act that takes effect on the settlement date.

51Publication of new name

The New Zealand Geographic Board must, as soon as practicable after the settlement date,—

(b)state in the notices that the assignment took effect on the settlement date.

52Alteration of new name

(1)The New Zealand Geographic Board need not comply with the requirements of sections 16, 17, 18, 19(1), and 20 of the NZGB Act in making a determination to alter the official geographic name of the feature named by this subpart.

(2)Instead, the Board may make the determination as long as it has the written consent of the trustee.

(3)To avoid doubt, the Board must give public notice of the determination in accordance with section 21(2) and (3) of the NZGB Act.

Part 3Commercial redress

53The Crown may transfer commercial properties

The Crown (acting by and through the chief executive of the land holding agency) is authorised to do the following to give effect to the deed of settlement:

(a)transfer the fee simple estate in a commercial property:

(b)sign a transfer instrument or other document, or do anything else, to effect the transfer.

54Narrow Neck property reserve status revoked

(1)The reservation of the Narrow Neck property as a reserve for defence purposes subject to the Reserves Act 1977 is revoked.

(2)Sections 24 and 25 of that Act do not apply to the revocation of its reserve status.

“All that land comprising 5.0024 hectares, more or less, being Section 2 SO 448861 and Sections 1, 2, and 3 SO 355498.”

56Registrar-General to create computer freehold register

(1)To the extent that a commercial property is not all of the land contained in a computer freehold register, or there is no computer freehold register for all or part of the property, the Registrar-General must, in accordance with a written application by a person authorised by the chief executive of the land holding agency,—

(a)create a computer freehold register for the fee simple estate in the property in the name of the Crown; and

(b)record on the computer freehold register any encumbrances that are registered, notified, or notifiable and that are described in the application; and

(c)omit any statement of purpose from the computer freehold register.

(2)Subsection (1) is subject to the completion of any survey necessary to create a computer freehold register.

(3)The authorised person may grant a covenant to arrange for the later creation of a computer freehold register for any land that is to be transferred to the trustee or any other person for the purposes of section 53(a).

(3)The transfer of a commercial property for the purposes of section 53(a) is a disposition for the purposes of Part 4A of the Conservation Act 1987, but sections 24(2A), 24A, and 24AA of that Act do not apply to the disposition.

(4)Subsection (5) applies if a commercial property—

(a)is transferred for the purposes of section 53(a) to a person other than the trustee; and

(b)immediately before the transfer, was held for a public work (within the meaning of section 2 of the Public Works Act 1981).

(5)An application may be made under section 42A of the Public Works Act 1981 by a person referred to in that section in relation to the commercial property as if it were land returned to Māori ownership.

(6)In exercising the powers conferred by section 53, the Crown is not required to comply with any other enactment that would otherwise regulate or apply to the transfer of a commercial property.

(7)Subsection (6) is subject to subsections (2) to (5).

(8)The permission of a council under section 348 of the Local Government Act 1974 is not required for laying out, forming, granting, or reserving a private road, private way, or right of way required to fulfil the terms of the deed of settlement in relation to the transfer of a commercial property.

58Certificate to accompany certain instruments for registration

(1)This section applies if—

(a)a commercial property is transferred for the purposes of section 53(a) to a person other than the trustee; and

(b)the person presents a transfer instrument for the transfer to the Registrar-General for registration.

(2)The instrument must be accompanied by a certificate given by the person or the person's solicitor verifying that the transfer is for the purposes of section 53(a).

(3)The Registrar-General must, upon receiving the transfer instrument and the certificate, and any other document required for registration of the transfer instrument, register the person as the proprietor of the fee simple estate in the property.

Vesting and status of hapū land

60Vesting and status of hapū land

(2)To avoid doubt, the hapū land continues to be deemed to be Maori freehold land within the meaning of section 4 of Te Ture Whenua Maori Act 1993.

(3)To avoid doubt, the whenua rangatira continues to be—

(a)deemed to be set apart as a Maori reservation for the common use and benefit of Ngāti Whātua Ōrākei and the citizens of Auckland (but exempt from sections 338(3) and (5) to (14), 340, and 341 of Te Ture Whenua Maori Act 1993); and

Duties and powers of trustee in relation to hapū land and pūtea

62Trustee duties and powers in respect of hapū land and pūtea

(a)hold, conserve, administer, and develop the hapū land as a perpetual estate and tūrangawaewae for Ngāti Whātua Ōrākei; and

(b)hold, conserve, administer, and develop the pūtea for Ngāti Whātua Ōrākei; and

(c)provide services and amenities in relation to the hapū land and the pūtea.

(2)Subject to this Act and any other enactment, the trustee has and may exercise all the powers and authorities as may be necessary to enable it to perform its duties under subsection (1) in the interests of Ngāti Whātua Ōrākei.

63Permissible dealings with hapū land and pūtea that is land

(1)The trustee may grant 1 or more easements—

(a)to any person over any part of the hapū land:

(b)to the Auckland Council over any pūtea that is land.

(2)An easement may be granted under subsection (1)—

(a)for valuable consideration or otherwise; and

(b)in gross or otherwise.

(3)The trustee may—

(a)use the development land for housing or other non-commercial purposes; or

(b)subdivide the development land for housing purposes; or

(c)lease the development land for commercial purposes—

(i)as if the land were General land within the meaning of section 4 of Te Ture Whenua Maori Act 1993; and

(ii)on the terms it thinks fit.

(4)However, at any time, no more than one-fifth of the development land may be leased by the trustee under subsection (3)(c).

(5)The trustee must transfer to the Auckland Council any road formed as part of a subdivision and development under subsection (3)(b).

(6)To avoid doubt, land used or subdivided in accordance with subsection (3)(a) or (b) is not development land for the purposes of subsection (4) regardless of whether any improvements on the land are leased, tenanted, or otherwise occupied.

64Prohibited dealings with hapū land

Except as provided in section 63, the trustee must not sell, lease, mortgage, charge, or otherwise dispose of any hapū land.

Naming of whenua rangatira

65Naming of whenua rangatira

(1)The trustee may give the whenua rangatira the name or names it considers appropriate and notify the Minister of Māori Affairs of its decision.

(2)The Minister must, by notice in the Gazette, publish any name given to the whenua rangatira by the trustee that is notified to him or her.

(c)any regulations made under Te Ture Whenua Maori Act 1993 relating to trustees of Maori reservations that do not conflict with the provisions of this Act.

Duties and powers of Reserves Board in relation to whenua rangatira

67Duties and powers of Reserves Board in relation to whenua rangatira

(1)The Reserves Board must control and manage the whenua rangatira.

(2)For the purposes of subsection (1), the Reserves Board has, subject to this Act,—

(a)the powers conferred on the trustees of a Maori reservation by any regulations made under section 338 of Te Ture Whenua Maori Act 1993; and

(b)the powers conferred by the Reserves Act 1977 on the administering body of a recreation reserve to control and manage a reserve.

(3)Section 10 of the Reserves Act 1977 applies to the Reserves Board as if it were a local authority in respect of the whenua rangatira.

(4)To avoid doubt, the Reserves Board must prepare and maintain a management plan, in accordance with section 41 of the Reserves Act 1977, to provide for the uses to which the whenua rangatira may be put.

68Power to grant leases and licences

(1)The Reserves Board may, on behalf of the trustee or in its own name, grant, in writing, leases or licences over any part or parts of the whenua rangatira to enable 1 or more members of Ngāti Whātua Ōrākei to carry on farming activities or to conduct any tribal, community, or cultural activities.

(2)Subsection (1)—

(a)overrides any enactment to the contrary; but

(b)is subject to the management plan prepared in accordance with section 67(4).

Costs of managing whenua rangatira

69Costs of management of whenua rangatira

(1)All costs and expenses incurred in and incidental to the control and management of the whenua rangatira must be paid by the Auckland Council to the extent that any income arising from the whenua rangatira is insufficient to defray those costs and expenses.

74Exemption from payment of land tax

The trustee is not liable to pay any land tax in respect of the hapū land or any pūtea that is land.

75Registrars to give effect to provisions of this Part

(1)The Registrar-General and the Registrar of the Maori Land Court must, without fee, make entries in any register or other record kept by him or her, and do all other things, that are necessary to give full effect to the provisions of this Part.

(2)In the performance of any duty under subsection (1), the Registrar-General and the Registrar of the Maori Land Court must, on request and without fee, issue to the trustee a computer freehold register or other instrument of title in respect of any land vested in the trustee by this Part.

(3)This section overrides any other enactment.

Regulations

76Regulations

The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes:

(a)facilitating the ability of the Reserves Board to grant leases or licences over the whenua rangatira pursuant to section 68:

(b)prescribing any act or thing necessary to render more effectual the administration of the Reserves Board, or its management of the whenua rangatira:

(c)providing for any other matters that are contemplated by or necessary for giving full effect to the provisions of this Part or necessary for the due administration of this Part.

(2)In this subpart and subpart 2, unless the context requires another meaning, terms used and not defined in this subpart, but defined in the Inland Revenue Acts, have the meanings given in those Acts.

Dissolution of Statutory Trust Board

78Dissolution of Statutory Trust Board

(1)On the commencement of this Act, the Statutory Trust Board is dissolved and—

(a)the term of office of the members of the Statutory Trust Board expires; and

(b)proceedings by or against the Statutory Trust Board may be continued, completed, or enforced by or against the trustee (without amendment to the proceedings); and

(c)a reference to the Statutory Trust Board (express or implied) in any enactment (other than this Act), or in any instrument, register, agreement, deed, lease, application, notice, or other document in force or in effect immediately before the commencement of this Act must, unless the context requires another meaning, be read as a reference to the trustee.

(2)A person holding office as a member of the Statutory Trust Board immediately before the commencement of this Act is not entitled to compensation as a result of the expiry under this section of his or her term of office.

79Vesting of assets and liabilities of Statutory Trust Board

(1)On the commencement of this Act, the assets and liabilities of the Statutory Trust Board vest in the trustee and become the assets and liabilities of the trustee.

(2)In this section, assets and liabilities—

(a)means the assets and liabilities owned, controlled, or held by the Statutory Trust Board immediately before the commencement of this Act; but

80Final report of Statutory Trust Board

(1)As soon as practicable after the commencement of this Act, the trustee must prepare a final report (as if the report were an annual report required under section 31 of the Maori Trust Boards Act 1955) to show the financial results of the operations of the Statutory Trust Board for the period beginning on the day after the last day covered by the previous annual report and ending on the day before the commencement of this Act.

(2)As soon as practicable after the completion of the final report, the trustee must provide it to the Minister of Māori Affairs, who must present it to the House of Representatives as soon as practicable after receiving it.

Dissolution of Charitable Trust Board

81Dissolution of Charitable Trust Board

(1)On the commencement of this Act, the Charitable Trust Board is dissolved and—

(a)the term of office of the members of the Charitable Trust Board expires; and

(b)proceedings by or against the Charitable Trust Board may be continued, completed, or enforced by or against the trustee (without amendment to the proceedings); and

(c)a reference to the Charitable Trust Board (express or implied) in any instrument, register, agreement, deed, lease, application, notice, or other document in force or in effect immediately before the commencement of this Act must, unless the context requires another meaning, be read as a reference to the trustee.

(2)A person holding office as a member of the Charitable Trust Board immediately before the commencement of this Act is not entitled to compensation as a result of the expiry under this section of his or her term of office.

82Vesting of assets and liabilities of Charitable Trust Board

(1)On the commencement of this Act, the assets and liabilities of the Charitable Trust Board vest in the trustee and become the assets and liabilities of the trustee.

(2)Subsection (1) is subject to subsection (3).

(3)To the extent that any asset or liability of the Charitable Trust Board is owned or held subject to any charitable trusts, the asset or liability vests in the trustee—

(a)freed of those charitable trusts; but

(b)subject to the trusts expressed in the Ngāti Whātua Ōrākei Trust deed of trust.

(4)In this section, assets and liabilities means the assets and liabilities owned, controlled, or held, wholly or in part, by the Charitable Trust Board immediately before the commencement of this Act.

(5)To avoid doubt, the assets and liabilities of the subsidiaries continue to be the assets and liabilities of the subsidiaries.

83Assets and liabilities of subsidiaries freed of charitable purposes

(1)To the extent that immediately before the commencement of this Act any asset or liability of a subsidiary is held subject to any charitable purposes, on the commencement of this Act,—

(a)the asset or liability is freed of those charitable purposes; and

(b)the constitution of the subsidiary is deemed to have been amended to the extent necessary to give effect to paragraph (a).

(2)If, on the commencement of this Act, a subsidiary is a tax charity for the purposes of the Inland Revenue Acts, the subsidiary ceases to be a tax charity at that time.

(3)To avoid doubt, nothing in this section has the effect, of itself, of causing a subsidiary to be a different person for the purposes of the Inland Revenue Acts.

General matters relating to dissolution of Statutory Trust Board and Charitable Trust Board

84Matters not affected by transfer

Nothing given effect to or authorised by this subpart—

(a)places the Statutory Trust Board, the Charitable Trust Board, the trustee, the Crown, or any other person or body in breach of a contract or confidence, or makes them guilty of a civil wrong; or

(b)gives rise to a right for any person to terminate or cancel any contract or arrangement, to accelerate the performance of an obligation, to impose a penalty, or to increase a charge; or

(c)places the Statutory Trust Board, the Charitable Trust Board, the trustee, the Crown, or any other person or body in breach of an enactment, rule of law, or contract that prohibits, restricts, or regulates the assignment or transfer of an asset or a liability or the disclosure of information; or

(d)releases a surety, wholly or in part, from an obligation; or

(e)invalidates or discharges a contract.

85Status of contracts and other instruments

(1)In subsection (2), instruments means contracts, agreements, conveyances, deeds, leases, licences, undertakings, notices, and other instruments entered into by, made with, given to or by, or addressed to, the Statutory Trust Board or the Charitable Trust Board (whether alone or with another person) before the commencement of this Act and in effect immediately before that date.

(2)Instruments are binding on, and enforceable by, against, or in favour of, the trustee as if the instruments had been entered into by, made with, given to or by, or addressed to or by, the trustee and not the Statutory Trust Board or the Charitable Trust Board.

86Status of existing securities

(1)A security held by the Statutory Trust Board or the Charitable Trust Board as security for a debt or other liability to the Statutory Trust Board or the Charitable Trust Board incurred before the commencement of this Act—

(a)is available to the trustee as security for the discharge of that debt or liability; and

(b)if the security extends to future or prospective debts or liabilities, is available as security for the discharge of debts or liabilities to the trustee incurred on or after the commencement of this Act.

(2)The trustee is entitled to the same rights and priorities, and is subject to the same liabilities, in relation to the security as the Statutory Trust Board or the Charitable Trust Board would be if this Act had not been passed.

87Books and documents to remain evidence

(1)A document, matter, or thing that would have been admissible in evidence for or against the Statutory Trust Board or the Charitable Trust Board is, on and after the commencement of this Act, admissible in evidence for or against the trustee.

(2)For the purposes of this section, document has the same meaning as in section 4(1) of the Evidence Act 2006.

88Registers

(1)The Registrar-General or any other person charged with keeping books or registers is not required to change the name of the Statutory Trust Board or the Charitable Trust Board to the name of the trustee in the books or registers or in a document solely because of the provisions of this subpart.

(2)If the trustee presents an instrument to a registrar or other person, the presentation of that instrument is, in the absence of evidence to the contrary, sufficient proof that the property is vested in the trustee, as specified in the instrument.

(3)For the purposes of subsection (2), the instrument need not be an instrument of transfer, but must—

(a)be executed or purport to be executed by the trustee; and

(b)relate to assets or liabilities held, managed, or controlled by the Statutory Trust Board or the Charitable Trust Board, or any entity wholly or partly owned or controlled by the Statutory Trust Board or the Charitable Trust Board, immediately before the commencement of this Act; and

(c)be accompanied by a certificate given by the trustee or its solicitor stating that the property was vested in the trustee by or under this Act.

Employees of Statutory Trust Board and Charitable Trust Board

89Transfer of employees

On the commencement of this Act, each employee of the Statutory Trust Board or the Charitable Trust Board ceases to be an employee of the board and becomes an employee of the trustee.

90Protection of terms and conditions of employment

(1)The employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to him or her immediately before the commencement of this Act.

(2)Subsection (1)—

(a)continues to apply to the terms and conditions of employment of a transferred employee until the terms and conditions are varied by agreement between the transferred employee and the trustee; and

(b)does not apply to a transferred employee who accepts any subsequent appointment with the trustee.

91Continuity of employment

For the purposes of any enactment, rule of law, determination, contract, or agreement relating to the employment of a transferred employee, the transfer of the person's employment from the Statutory Trust Board or the Charitable Trust Board to the trustee does not, of itself, break the employment of that person, and the period of his or her employment by the Statutory Trust Board or the Charitable Trust Board is to be regarded as having been a period of service with the trustee.

92No compensation for technical redundancy

A transferred employee is not entitled to receive any payment or any other benefit solely on the ground that—

(a)the position held by the employee with the Statutory Trust Board or the Charitable Trust Board has ceased to exist; or

(b)the employee has ceased, as a result of his or her transfer to the trustee, to be an employee of the Statutory Trust Board or the Charitable Trust Board.

Reserves Board

93Reserves Board

(1)Each member of the Reserves Board in office immediately before the commencement of this Act continues in office for the residue of the term for which he or she was appointed.

(2)The members holding office as chairperson and deputy chairperson of the Reserves Board continue in office for the residue of the term for which they were appointed.

(3)The first meeting of the Reserves Board under this Act must be held no later than 6 months after the last meeting held by the Reserves Board under the Orakei Act 1991.

Subpart 2—Transitional taxation provisions

94Application of this subpart

This subpart applies, by virtue of the vestings under Part 4 and the reorganisation of the governance of Ngāti Whātua Ōrākei under subpart 1, for the purposes of the Inland Revenue Acts.

Statutory Trust Board

95Taxation in respect of transfer of assets and liabilities of Statutory Trust Board

(1)On and from the date on which the assets and liabilities of the Statutory Trust Board vest in the trustee under Part 4 and section 79(1),—

(a)the trustee is deemed to be the same person as the Statutory Trust Board; and

(b)everything done by the Statutory Trust Board before the assets and liabilities vest in the trustee is deemed to have been done by the trustee on the date that it was done by the Statutory Trust Board.

(2)Income derived or expenditure incurred by the Statutory Trust Board before the assets and liabilities vest in the trustee does not become income derived or expenditure incurred by the trustee just because the assets and liabilities vest in the trustee under Part 4 or section 79.

Charitable Trust Board

96Taxation in respect of transfer of assets and liabilities of Charitable Trust Board

(1)On and from the date on which the assets and liabilities of the Charitable Trust Board vest in the trustee under section 82(1),—

(a)the trustee is deemed to be the same person as the Charitable Trust Board; and

(b)everything done by the Charitable Trust Board before the assets and liabilities vested in the trustee is deemed to have been done by the trustee on the date that it was done by the Charitable Trust Board.

(2)Income derived or expenditure incurred by the Charitable Trust Board before the assets and liabilities vest in the trustee does not become income derived or expenditure incurred by the trustee just because the assets and liabilities vest in the trustee under section 82(1).

(3)If income of the Charitable Trust Board derived from a financial arrangement, trading stock, revenue account property, or depreciable property is exempt income of the Charitable Trust Board but is not exempt income of the trustee, the trustee is to be treated as having acquired the financial arrangement, trading stock, revenue account property, or depreciable property—

(a)on the day that it becomes the trustee's property; and

(b)for a consideration that is its market value on that day.

(4)The trustee must identify the undistributed charitable amount, using the following formula:

a – b

where—

a

is the total of the amounts derived by the Charitable Trust Board that, but for the application of sections CW 41 and CW 42 of the Income Tax Act 2007, would have been taxable income derived by the Charitable Trust Board before the commencement of this Act

b

is the total of the amounts described in variable a that have been distributed before the commencement of this Act.

(5)The undistributed charitable amount described in subsection (4) is excluded from the corpus of the Ngāti Whātua Ōrākei Trust for the purposes of the Income Tax Act 2007, to the extent to which it is otherwise included but for this subsection.

(6)If the trustee distributes any of the undistributed charitable amount to a person, that amount is treated as beneficiary income for the purposes of the Income Tax Act 2007, unless subsection (7) applies.

(7)If the trustee distributes any of the undistributed charitable amount for a charitable purpose, the distribution is exempt income of the recipient.

Election by trustee to be Maori authority

97Election by trustee to be Maori authority

(1)If the trustee makes an election under section HF 11 of the Income Tax Act 2007 to become a Maori authority, to the extent that the amount referred to in section 96(4) is distributed in an income year, that distribution will be—

(a)exempt income if the distribution is applied for a charitable purpose; or

(b)a taxable Maori authority distribution.

(2)If this section applies, the distribution must be disregarded for the purposes of section HF 8 of the Income Tax Act 2007.

Subsidiaries

98Taxation in respect of assets and liabilities of subsidiaries

(1)This section applies if income of a subsidiary derived from a financial arrangement, trading stock, revenue account property, or depreciable property is exempt income of the subsidiary before the commencement of this Act and ceases to be exempt income as a result of the application of section 83.

(2)The subsidiary is to be treated as having acquired the financial arrangement, trading stock, revenue account, or depreciable property for a consideration that is its market value on the commencement of this Act.

99Election by subsidiary to be Maori authority

(1)If a subsidiary makes an election under section HF 11 of the Income Tax Act 2007 to become a Maori authority, income derived by the subsidiary before the commencement of this Act that was exempt income under sections CW 41 and CW 42 of that Act must be treated as a taxable Maori authority distribution if, after the commencement of this Act, it is distributed by the subsidiary in an income year.

(2)If this section applies, the distribution must be disregarded for the purposes of section HF 8 of the Income Tax Act 2007.

Subpart 3—Repeal of Orakei Act 1991 and consequential amendments to other enactments

Schedule 1Pourewa Creek site: Land description

26.8000 hectares, more or less, being Section 2 SO 445650. Part computer freehold registers NA646/33 and NA974/199

Subject to a right to convey and drain stormwater. Created by deed of easement 5486019.5 (affects Section 1 SO 445650 only)

Easements created by deed of easement 5486019.5 are subject to section 243(a) of the Resource Management Act 1991

Subject to an unregistered deed of authority (to use the site for a station for the transmission, emission, or reception of any form of radio, electric, or electronic communication) to Bellsouth New Zealand Limited (now Vodafone New Zealand Limited), dated 20 June 1995 as renewed by deed of authority dated 11 February 2008 (affects Section 2 SO 445650 only)

Subject to an unregistered concession for a lease and licence to St Heliers Bay Pony Club Incorporated, dated 10 May 2001 as renewed and varied by concession document numbered AK–0041–GRA and dated 10 August 2011

Schedule 4Ngāti Whātua Ōrākei Reserves Board

1Membership of Reserves Board

(b)any greater even number of individuals as may be fixed by written agreement between the Auckland Council and the trustee.

(2)One-half of the members must be appointed in writing by the trustee.

(3)One-half of the members must be appointed in writing by the Auckland Council.

(4)Subject to clause 2, members are appointed for a term of 3 years and may be reappointed.

2Removal, resignation, etc, of members and extraordinary vacancies

(1)The body by which a member of the Reserves Board is appointed may, at any time in its discretion, by notice in writing to the member, remove the member from office.

(2)A member of the Reserves Board may, at any time, resign his or her office by written notice addressed to the body by which the member was appointed.

(3)If a member of the Reserves Board dies or resigns or is removed from office, his or her office becomes vacant and the vacancy is an extraordinary vacancy.

(4)An extraordinary vacancy must be filled in the manner in which the appointment to the vacant office was originally made.

(5)A person appointed to fill an extraordinary vacancy must be appointed for the residue of the term for which the vacating member was appointed.

(6)The powers of the Reserves Board are not affected by any vacancy in its membership.

3Appointment of chairperson and deputy chairperson

(1)The trustee must appoint a member of the Reserves Board as chairperson of the Reserves Board.

(2)The Auckland Council must appoint a member of the Reserves Board as deputy chairperson of the Reserves Board.

(3)Appointments made under subclause (1) or (2) must be made triennially or following the vacation of either office.

4Meetings

(1)The Reserves Board must hold meetings at successive intervals of no more than 6 months.

(2)Each meeting must be held at a time and place fixed by the Reserves Board.

(3)At each meeting, a quorum consists of one-half of the members, but no meeting may be held or continue unless—

(a)the chairperson or the deputy chairperson is present; and

(b)at least 1 member appointed by the trustee and 1 member appointed by the Auckland Council are present.

(4)The chairperson must chair all meetings at which he or she is present.

(5)The deputy chairperson must chair any meeting from which the chairperson is absent.

(6)All resolutions to be considered by the Reserves Board must be proposed by a member and must be seconded by another member.

(7)A resolution is passed or rejected according to the voting, by a show of hands, of the members present at the meeting.

(8)The person presiding over a meeting has a deliberative vote, and, in the case of an equality of votes, also a casting vote.

(9)The proceedings and resolutions of every meeting of the Reserves Board must be recorded in a minute book to be kept for the purpose.

5Accounting and auditing of Reserves Board

(1)No later than 4 months before the end of each financial year of the Auckland Council, the Reserves Board must give the Council an estimate of the income and expenditure of the Reserves Board, in relation to the Pourewa Creek Recreation Reserve and the whenua rangatira, in the next financial year.

(2)The Reserves Board must keep full and accurate accounts of all money received and paid by it.

(3)At the close of each financial year, the Reserves Board must have its accounts audited by a chartered accountant.

(4)The Reserves Board must give a copy of the accounts audited under subclause (3) to the trustee and the Auckland Council, together with a report of the financial position of the Reserves Board and its financial operations during the period to which the accounts relate.

6Remuneration of members appointed by trustee

A member of the Reserves Board who is appointed by the trustee must be paid, in accordance with the Fees and Travelling Allowances Act 1951, out of money appropriated by Parliament for the purpose,—

(a)remuneration by way of fees, salary, or allowances for the member's services as a member of the Reserves Board; and

(b)travelling allowances and expenses in respect of time spent travelling in the service of the Reserves Board.

Reprints notes

1General

This is a reprint of the Ngāti Whātua Ōrākei Claims Settlement Act 2012 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.